Allowed

Pawan Jain v. State of U.P. and Another

Allahabad HC16 Jun 2021ABAIL/8969/2021

Case brief

AI extract

What is this about?

The court granted anticipatory bail to the applicant, Pawan Jain, pending trial in a criminal case involving alleged offences under the Essential Commodities Act, noting the absence of criminal antecedents and lack of flight risk.

What did the court decide?

Anticipatory bail granted on a personal bond of Rs. 50,000 with two sureties of the like amount subject to specific conditions.

Pawan Jain Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 38

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8969 of 2021

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Applicant :- Pawan Jain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kartikeya Saran Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State through video conference.

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This anticipatory bail application has been filed on behalf of the applicant - Pawan Jain seeking anticipatory bail in Case Crime No. 0045 of 2021 under Sections 3/7 of Essential Commodities At, 1955, Police Station Baruasagar, DistrictJhansi during pendency of trial.

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At present, there are no criminal antecedents of the applicant shown as also no real apprehension has been expressed by the State of the applicant fleeing from justice, if the present application is allowed.

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4.While the bail application has been opposed by learned AGA, learned counsel for the applicant submits that besides the fact applicant is no criminal history, he is not the owner of alleged sweet shop. That shop is owned by the relative of the applicant, namely, Naveen Chandra Jain. Merely because the applicant's son may have been present at the time of the inspection and may have raised certain objections thereto, it may not give rise to the allegation that shop was owned by the applicant. It is further submitted that in this case offence, if any may be made out against the distributor but not the consumer.

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In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit at this stage. Without expressing any opinion on the merits of the case, the applicant is entitled to anticipatory bail in this case, at this stage.

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In the event of arrest of the applicant - Pawan Jain, involved in the aforesaid case crime, he shall be released on anticipatory bail till conclusion of the trial, on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:

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(i) The applicant shall make himself available for interrogation by a police officer as and when required.

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(ii) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(iii) The applicant shall not leave India without the previous permission of the court.

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(iv) In default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Present application stands disposed of. Order Date :- 16.6.2021

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Pr/-

Pawan Jain v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Pawan Jain v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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